Queensland Building Services Authority v Filewood

[2011] QCAT 36

CITATION:Queensland Building Services Authority V Filewood

[2011] QCAT 36

PARTIES:	Queensland Building Services Authority
v
Mr Paul Mario Filewood

APPLICATION NUMBER: OCR207-10

MATTER TYPE: Occupational regulation matters

HEARING DATE:     2 February 2011

HEARD AT:  Brisbane

DECISION OF: Ms Ann Fitzpatrick, Member

DELIVERED ON: 2 February 2011

DELIVERED AT:      Brisbane

ORDERS MADE: That the respondent pay to the applicant a penalty in an amount of $4,000.00 by equal fortnightly instalments over a period of 12 months from the date of this order.

CATCHWORDS :  Disciplinary proceedings; imposition of penalty

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Queensland Building Services Authority, represented by Ms Kristie Heywood, in-house Solicitor.
RESPONDENT:	Mr Paul Mario Filewood, self represented.

REASONS FOR DECISION

1. On 2 February 2011, this matter proceeded to a compulsory conference under the Queensland Civil and Administrative Tribunal Act 2009. The parties agreed that the matter should immediately proceed to a hearing.

1. On 2 February 2011 a hearing was convened before me.  The parties agreed to waive their rights pursuant to section 73 of the Act, to object to me hearing this matter and did not object to me hearing the matter.

1. Mr Filewood, the respondent, informed the Tribunal that he intended to raise no objection to the orders sought by the applicant.  The respondent submitted that he considered a penalty in the sum of $4,000.00, payable over a 12 month period by equal fortnightly instalments was an appropriate penalty.

1. The applicant submitted that a penalty in the sum of $4,000.00 paid by way of the instalments put by the respondent was appropriate in the circumstances.

1. I have had read the material filed by the parties in this matter.

2. Upon hearing the submissions of the applicant and respondent and having regard to the material filed in this matter, I find that proper grounds exist for taking disciplinary action against the respondent pursuant to sections 90(1)(a) and 90(1)(e) of the Queensland Building Services Authority Act 1991, namely:

(a)on dates unknown between 10 December 2007 and 20 January 2008, the respondent carried out Tribunal work for which a licence was required, namely construction of a retaining wall, without holding a licence in the appropriate class, at 5 Laysan Crescent, Oxenford in the State of Queensland, in contravention of section 42(9) of the Queensland Building Services Authority Act 1991; and

(b)on or about 23 April 2010, the respondent failed to comply with Direction to Rectify and/or Complete number 31900 (the Direction) issued by Queensland Building Services Authority to the Respondent within the required timeframe, in contravention of section 72(10) of the Queensland Building Services Authority Act 1991.

1. I order that a penalty be imposed on the respondent in the sum of $4,000.00 payable within 12 months of the date of this order by way of equal fortnightly instalments.